Tag: USPTO
Congress Can Find Common Ground on Transparency
Postmortems from the November 8th elections are in full swing with pundits and operatives making bold claims about what the results mean for Democrats, Republicans, and the country. The dust still has...
OpenSky’s Sanction and Continued VLSI Patent Review are Both Warranted
Over the past few weeks there have been major developments in the much-discussed dispute related to patents held by the non-practicing entity VLSI Technology. On Patent Progress we have previously wri...
The USPTO Must Restore America Invents Act Proceedings
Over the past decade, the Leahy-Smith America Invents Act of 2011 has been discussed and debated extensively in intellectual property circles.
Fintiv: More Work, Less Quality
When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system e...
A Solution to the OpenSky Problem
I have written several times about the $2.2 billion verdict in the VLSI v. Intel case. The case is extraordinary not just because of the size of the verdict, but because Intel was blocked from c...
Moving The USPTO From Red To Black
IBM is famous for obtaining a lot of patents. Year after year, they’re the top recipient of U.S. patents (or, once in a while, in second place when you account for related entities.)
But th...
Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules
The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation. Last week, comments were due on the most recent portion of this process. (CC...
Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost
The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionar...
Comments Emphasize Flaws In PTO Proposal To Remove Pre-Institution Presumption
Recently, the Patent and Trademark Office (PTO) proposed a concerning new rule. It would create serious due process problems, violate the Administrative Procedure Act (APA) by changing an agency...